RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02721 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His under other than honorable conditions (UOTHC) discharge be 
upgraded to honorable. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was unfairly discharged from the Air Force. He was charged 
with fraud; however, the charges were dropped and he still 
received an UOTHC discharge. He was charged with fraud for 
claiming he was married, which he never did. Once he realized the 
clerk had entered his status as married, he went to rectify the 
error and was subsequently charged with fraud. He notified the 
accounting office in an attempt to correct a clerical error 
because he had no intention of defrauding the government. 

 

The applicant’s complete submission is at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 21 September 1977, the applicant enlisted in the Regular Air 
Force. 

 

On 14 December 1989, the applicant was charged with two 
specifications of intent to deceive, by signing AF Form 594, Authorization to Start, Stop or Change Basic Allowance for 
Quarters, Rent Plus and/or Variable Housing Allowance, stating he 
was married. He also signed the AF Form 987, Recertification of 
Basic Allowance for Quarters Variable/Rent Plus Housing 
Allowance, stating he had a dependent, which was false, both in 
violation of Art 107, Uniform Code of Military Justice (UMCJ). 

 

On 24 January 1990, the applicant requested discharge in lieu of 

trial by court-martial. 

 

On 22 February 1990, the judge advocate’s office reviewed the 
applicant’s request for discharge in lieu of trial by court-
martial, determined it was legally sufficient, and recommended an 
UOTHC discharge certificate be furnished. 


On 22 February 1990, the General Court-Martial Convening 
Authority approved the applicant's request for discharge in lieu 
of trial by court-martial with an UOTHC. 

 

On 2 March 1990, the applicant was discharged in the grade of 
technical sergeant with an UOTHC discharge. He served 12 years, 
5 months and 12 days. 

 

On 8 August 1991, the applicant submitted an application to the 
Air Force Discharge Review Board (AFDRB) requesting a change in 
his discharge. The AFDRB concluded that a change in the discharge 
was not warranted. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided a copy of an Investigative Report, 
which is at Exhibit C. 

 

On 14 December 2010, a request for information pertaining to his 
post-service activities and a copy of the FBI report were 
forwarded to the applicant for response within 30 days (Exhibit 
D). 

 

The applicant responded stating that prior to his discharge, his 
military performance was exemplary. He worked on his college 
education and progressed through the ranks at a fairly rapid 
pace, making technical sergeant within eight years and had a line 
number for master sergeant. He earned the Air Force Commendation 
Medal, the Air Force Good Conduct Medal, the Air Force Longevity 
Service Ribbon, the Air Force Outstanding Unit Award and the USAF 
Basic Military Training and Honor Graduate Ribbon. After 
leaving the military, he was employed as a computer network 
engineer and traveled the United States and other countries. 

 

In 2000, he volunteered in a school district as a designer and 
maintainer for the sports website. He also attended Alcoholics 
Anonymous (AA) and served as a sponsor for AA. Lastly, he 
volunteered to assist the Girl Scouts of America. 

 

In 2001, he had to stop working due to a chronic illnesses, Post 
Traumatic Stress Disorder (PTSD) and depression. He has been 
granted a 70 percent disability rating from the Department of 
Veterans Affairs and Social Security Disability. 

 

The applicant’s complete response is at Exhibit E. 

 

________________________________________________________________ 

 

 

 

 

 

 

THE BOARD CONCLUDES THAT: 


 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. 

 

2. The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we find no evidence of an error or injustice 
that occurred in the discharge processing. Based on the 
available evidence of record, it appears the discharge was 
consistent with the substantive requirements of the discharge 
regulation and within the commander's discretionary authority. 
We considered upgrading the discharge based on clemency; however, 
we do not find the evidence presented is sufficient to recommend 
granting the relief sought on that basis. Therefore, in the 
absence of evidence to the contrary, we find no basis upon which 
to recommend granting the relief sought. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue(s) 
involved. Therefore, the request for a hearing is not favorably 
considered. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of an error or injustice; that the 
application was denied without a personal appearance; and that 
the application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-02721 in Executive Session on 3 February 2011, 
under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

 
The following documentary pertaining to AFBCMR Docket Number BC-
2010-02721 was considered: 

 

 Exhibit A. DD Form 149, dated 26 Jul 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report of Investigation, dated 13 Aug 10. 

 Exhibit D. Letter, AFBCMR, dated 14 Dec 10, w/atch. 

 Exhibit E. Letter, Applicant, undated. 

 

 

 

 Panel Chair